This is the fifth edition of this very useful contribution to the law of Jersey. The last edition showed the law as at 31 December 2011.

I am told by the authors that since then there have been some 200 new developments in our law and practice, which makes the new edition especially valuable.

So far, notwithstanding my foreword to the fourth edition, the 2012 Security Interests Law has not provided the number of cases one might have expected but then the 1983 Security Interests Law did not do so either. Perhaps both pieces of legislation are so clear they brook no argument.

A work of this kind makes a vital contribution to the overall package which an international financial centre should offer. This is particularly so by describing some of our older insolvency procedures such as dègrévement which are special to Jersey and which are not instinctively familiar to clients and practitioners both in and outside the Island.

I congratulate the authors and am pleased to commend it.

William Bailhache

Bailiff of Jersey

Royal Court of Jersey

TABLE OF CONTENTS

Foreword to the First Edition

Foreword to the First Edition

Foreword to the Third Edition

Foreword to the Fourth Edition

Preface to the Fifth Edition

Illustrations

Principal Abbreviations

Table of Jersey Cases

Table of Jersey Legislation

Table of English and Other Cases

Table of English Legislation

Human Rights Cases

Table of International Conventions

Glossary

PART 1 – MAIN TEXT

Chapter 1 - Introduction

Background

The Jersey Court System

Sources of Jersey Law

Formal Validity, Essential Validity and Capacity

Chapter 2 - Asset Recovery and Claimants’ Rights Prior to and after

Insolvency Procedures

Types of Property

Types of Co-ownership

Usufructs and Leases

Types of Security

Immovable Property

Hypothèque Conventionelle Simple

Hypothèque Judiciaire

Hypothèque Légale

Flats

Long Leases

Foreign Security

Movable Property

General Rule

Tangible Property situated in Jersey

Pledges

Lien

Non-Judicial - Landlord’s Right to Distrain

Statutory Rights of Payment - Ship and Aircraft Dues

Mortgages over Ships

Leasing and Hire Purchase Agreements

Unauthorised Transfers of Movables and of those subject to Hire Purchase Agreements